3 FAM 4400
FOREIGN SERVICE GRIEVANCE SYSTEM
3 FAM 4410
FOREIGN SERVICE GRIEVANCE SYSTEM
(CT:PER-944; 05-15-2019)
(Office of Origin: HR/G)
3 FAM 4411 AUTHORITY
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
Chapter 11 of the Foreign Service Act of 1980, as amended.
3 FAM 4412 DEFINITIONS
(CT:PER-944; 05-15-2019)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
a. The Act means the Foreign Service Act of 1980, as
amended.
b. Grievant means any member of the Service who is a
citizen of the United States; or for purposes of section 3 FAM 4412, subparagraph
c(7), a former member of the Service, or in the case of death of the member,
the surviving spouse or, if none, another member of the family.
c. Grievance means any act, omission, or condition
subject to the control of a foreign affairs agency which is alleged to deprive
a member of the Service, who is a citizen of the United States, of a right or
benefit authorized by law or regulation or which is otherwise a source of
concern or dissatisfaction to the member, including, but not limited to:
(1) Separation of a member allegedly contrary to law
or regulation or predicated upon alleged inaccuracy, omission, error, or
falsely prejudicial character of information in any part of the official
personnel record of the member;
(2) Other alleged violation, misinterpretation, or
misapplication of applicable law, regulation, collective bargaining agreement,
or published post or agency policy affecting the terms and conditions of the
employment or career status of the member;
(3) Allegedly wrongful disciplinary action against a
member;
(4) Dissatisfaction with respect to the working
environment of a member;
(5) Alleged inaccuracy, omission, error, or falsely
prejudicial character of information in the official personnel record of a
member which is or could be prejudicial to the member;
(6) Action alleged to be in the nature of reprisal or
other interference with freedom of action in connection with participation by a
member in procedures under this chapter;
(7) Alleged denial of an allowance, premium pay, or
other financial benefit to which a member claims entitlement under applicable
laws or regulations;
(8) Misinterpretation or misapplication of agency
regulations pertaining to the procedural requirements for suspension,
reduction, or revocation of an employees security clearance; and
(9) Any discrimination prohibited by:
(a) Section 717 of the Civil Rights Act of 1964;
(b) Section 6(d) of the Fair Labor Standards Act of
1938;
(c) Section 501 of the Rehabilitation Act of 1973;
(d) Sections 12 and 15 of the Age Discrimination in
Employment Act of 1967; or
(e) Any rule, regulation, or policy directive prescribed
under any provision of law described in this paragraph.
d. Grievance does not include the following:
(1) An individual assignment of a member under chapter
5 of the Act, other than an assignment alleged to be contrary to law or
regulation;
(2) The judgment of a selection board established
under section 602 of the Act, a tenure board established under section 306(b)
of the Act, or equivalent body established by laws or regulations which
similarly evaluate the performance of members of the Service on a comparative
basis, including a merit promotion selecting official, except that alleged
procedural violations of law, regulation or collective bargaining agreement or
prohibited personnel practice(s) arising under those procedures are grievable;
(3) The expiration of a limited appointment, the
termination of a limited appointment under section 612 of the Act, the denial
of a limited career extension or of a renewal of a limited career extension
under section 607(b) of the Act;
(4) Any complaint or appeal where a specific statutory
hearing procedure exists, except as provided in section 1109(a)(2) of the Act;
(5) Nonadoption of a member suggestion or disapproval
of a quality salary increase, performance award, or any other kind of honorary
discretionary award, except where such action is alleged to be contrary to law,
regulation, or collective bargaining agreement; or
(6) The content of published agency policy which is
not contrary to law, regulation, or collective bargaining agreement.
e. Foreign affairs agency or agency means the
Department of State, the Agency for International Development (USAID), the U.S.
Agency for Global Media (USAGM), the
Department of Commerce and the Department of Agriculture (USDA).
f. Labor organization means any employee organization
accorded recognition as the exclusive employee representative under section
1002(11) of the Act. For the Department of State, USAGM, USAID, and Foreign Service employees in
the USDA and the Department of Commerce, the exclusive employee representative
is the American Foreign Service Association.
g. Grievance Board or Board means the full Foreign
Service Grievance Board, or a Panel or member thereof, as appropriate.
h. Party means the grievant, the exclusive
representative, or the foreign affairs agency having control over the act or
condition forming the subject matter of the grievance.
i. Bureau refers to the bureau in the Department of
State and the equivalent organizational element in other agencies or the
responsible official having jurisdiction and responsibility over the complaint
within the agency which has the authority to resolve the grievance prior to
agency review. That element is office head for USAID, the associate directorate
of area office in USAGM, Foreign Service
Operations, US/FCS in the Department of Commerce, and the appropriate FAS
assistant administrator in the Department of Agriculture.
j. Days means calendar days.
k. Implementation disputes means any dispute between
the agency and the exclusive representative, as set forth in 3 FAM 4470.
l. Service means the Foreign Service of the United
States.
3 FAM 4413 CLARIFICATION ON THE
DEFINITION OF GRIEVANCE
(CT:PER-915; 08-17-2018)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
Nothing in 3 FAM 4412,
paragraph d, shall exclude from the term grievance any act, omission, or
condition alleged to violate any law, rule, regulation, or policy directive
referred to in section 3 FAM 4412,
subparagraph c(9).
3 FAM 4414 GRIEVANCES PRIOR TO OCTOBER
28, 1991
(CT:PER-915; 08-17-2018)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
3 FAM 4412,
subparagraph c(9); 3 FAM 4413; 3 FAM 4427,
paragraph b; 3
FAM 4428, paragraphs c, d and e; 3 FAM 4455,
paragraph g; and 3
FAM 4462, paragraph b, shall not apply with respect to any grievance
arising before October 28, 1991.
3 FAM 4415 THROUGH 4419 UNASSIGNED